Michael Rubin

Rubin’s lengthy pedigree as an Altshuler Berzon partner focused on labor-side impact litigation began with clerkships for William J. Brennan Jr. at the U.S. Supreme Court, for James R. Browning at the 9th U.S. Circuit Court of Appeals and for Charles B. Renfrew of the Northern District.

That was then. Now, reacting swiftly to the complex challenges raised by the pandemic, he has been named co-lead counsel for a massive class of unemployment insurance recipients denied access to their benefits by bankers accused of wrongfully freezing their accounts during the stressful Covid crisis.

Working fast to interview and obtain declarations from those negatively affected by frozen accounts, Rubin and a team of lawyers persuaded U.S. District Judge Vince Chhabria of San Francisco to issue an order that noted the plaintiffs’ strong likelihood of success, provisionally certified the class and prohibited the bank from continuing denying plaintiffs access to their accounts. Yick v. Bank of America N.A., 3:21-cv-00376 (N.D. Ca., filed Jan. 14, 2021).

“Our obligation to our labor and employment clients doesn’t cease because they stop working in a pandemic,” he said. “We put significant effort into obtaining class-wide injunctive relief at the outset of the case, which made a huge difference for class members at a time when they were most in need of the courts’ protections.”

The case took a turn in early June when the federal panel on multidistrict litigation reassigned the case to the Southern District.

Because the transfer will take time, Rubin said obtaining the preliminary injunction was shown to have been even more important. “Now, with the wind squarely at our backs, we can turn to damages and economic relief. Our goal was to remedy the immediate harms to our clients, and we did stem the flow of the most egregious pain caused by depriving the unemployed of their funds.”

In another pandemic-related case, Rubin continues to litigate on behalf of workers, family members and others affected when a fast food restaurant close to his home in Berkeley exposed them to unsafe conditions. Hernandez v. VES McDonald’s Inc., RG20064825 (Alameda Co. Super. Ct., filed June 16, 2020).

In that case too he obtained a quick preliminary injunction by August that halted the restaurant’s unsafe practices. The injunction was renewed in January; the case is set for trial later this year.

“Long before formal discovery, we pieced together a picture to show the court of the restaurant’s practices and policies by obtaining declarations through on-the-ground investigations,” Rubin said. “Getting fast injunctive relief is something public interest lawyers do.

Also last year Rubin obtained final approval of a $22 million settlement for 40,000 fast food workers who alleged violations of California wage and hour laws. Sanchez v. McDonald’s Restaurants of California Inc., BC499888 (L.A. Super Ct., filed Jan. 24, 2013).

And the 9th Circuit affirmed a $77 million minimum wage judgment—believed to be the largest in California history—for truck drivers who went unpaid for layover, inspection and rest break time. Rubin argued for the plaintiff-appellees. Ridgeway v. Walmart Inc., 946 F.3d 1066 (9th Cir. op. filed Jan. 6, 2020).

— John Roemer